State v. Kimble

The State of Florida appeals the lower court’s imposition of a downward departure sentence. We affirm.

Downward departure from a recommended sentence may be valid where there is a finding of substance abuse and an amenability to rehabilitation. Herrin v. State, 568 So.2d 920 (Fla.1990). Following Herrin, this Court’s recently released opinions of State v. Porter, No. 94-1298, — So.2d - [1995 WL 25764] (Fla. 3d DCA Jan. 25, 1995), and State v. Gordon, 645 So.2d 140 (Fla. 3d DCA 1994), provide that in determining whether a defendant who abuses drugs is amenable to rehabilitation, there must be…